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Politics paper 2- America msaunders > The principles of the constitution > Flashcards

The principles of the constitution Flashcards

1
Q

What are the separation of powers?

A

The legislative
The executive
The judiciary
All independent

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1
Q

What are the 3 principles of the consitution?

A

-Separation of powers
-Checks and balances
-Federalism

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2
Q

Are all the branches of govt equal?

A

Yes they are
They all carry out checks and balances in each other

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3
Q

Who created separation of powers?

A

Founding fathers due to fear of tyranny

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4
Q

How and why did Montesquieu influence the separation of powers?

A

‘When the legislative and executive powers are united in the same person there can be no liberty’

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5
Q

Can people be in 2 different branches at once?

A

No they can’t
Obama and Biden example

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6
Q

Reasons to say separation of powers is significant?

A

-Branches have clear checks of power
-No person can serve in congress and legislature simultaneously e.g. H Clinton resigned from being a senator when appointed secretary of state
-Prevents dictatorship and manipulation of powers due to the process of laws being passed (need to work with congress and get compatibility with constitution
-Preserves notion of independent and non political judiciary which is vital to defend civil liberty’s and entrenched rights

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7
Q

Reasons to say the separation of powers are unsignificant?

A

-Separations are misleading, better said as shared powers e.g. congress and president both have powers to pass laws
-The vice president (executive) is also the senate president in legislature has the casting vote in the event of a tie
-President with supportive supreme court and who’s party controls congress can wield a lot of power
-Few judiciary’s in modern democracies are arguable politicised as the US judiciary. Involving politicians in the nomination process and the considerable political power of the supreme court, lessening independence
-Presidents can grant pardons which overlaps with the judiciary’s power and limits the significance of power being seperated in practice

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8
Q

What are checks and balances?

A

They give branch give each branch the means to partially control the power of the others
Largely resists enchrachnet on its own powers and to maintain a democratic govt

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9
Q

What does prof S.E Finer say about checks and balances?

A

Legislative and executives were like two half’s of a blanlinet unless without the others

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10
Q

Significance of checks of balance?

A

-Can get round checks and balances
-Presidents checked the most
-Checks consensual. After midterms it can be difficult for presidents if they lose their majority
-Encourage gridlock
-Can take a long time e.g. covid 19 took several days to get the negotiation of the £2.2 trillion stimulus package
-Some checks are more significant, impeachment powerful weapon but used unsuccessfully, no is president
-Presidents veto’s declining, Obama 12 times and Regan 75 times. The threat of veto can be an extremely powerful weapon

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11
Q

What checks do the president have on the courts?

A

-President nominates all federal justices including vacancy’s in supreme court
-President can issue pardons to those who committed and are convicted of federal crimes, these used to be left to the monarch

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12
Q

Examples of checks by the president of courts- nomination?

A

Obama appointing Sonia Sotomay and Elena Kagan
Trump appointing Neil Gorsuch, Brett Kavanaugh and Amy Coney Barron

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13
Q

Examples of checks by the president of courts- pardons?

A

Gerald Ford pardoning Richard Nixon in watergate
Trump pardoning Conrad Black who wrote a biography favoring him
Trump issued 73 pardons

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14
Q

Checks by congress on the president?

A

-President’s veto can be overturned if a supermajority
-A senate must confirm by a simple majority presidential appointments to the administration including the judiciary
-Amendments black and reject legislation by the govt
-They can override presidential veto’s with 2/3rd majority
-Congress has powers of the purse
-Congress is the only body that can declare war
-Power to ratify treaties
-Confirm appointment
-Investigations
-Impeachment

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15
Q

Examples of checks by congress on the president?- Amend black and reject legislation by the president?

A

Obama and gun control

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16
Q

Examples of checks by congress on the president?- Power of purse

A

Trump and congress refuse to include the wall in his budget

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17
Q

Examples of checks by congress on the president?- Confirm appointments?

A

Kavanagh and Robert Bark

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18
Q

Examples of checks by congress on the president?- Investigations?

A

Watergate

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19
Q

Examples of checks by congress on the president?- Impeachment?

A

Johnson and Clinton but failed
Trump failed impeachment 2x

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20
Q

Checks by congress on the courts?

A

-Cogress can impeach federal justices and remove them from office
-Constitutional amendments can be initiatied to overturn supreme court verdicts

21
Q

Examples of checks by congress on the courts?- Impeachment?

A

In 2010, Louisiana federal judge Thomas Porteous successfully impeached from office for corrupt in a unanimous vote

22
Q

Checks by congress on the courts?- Overturned supreme court verdicts?

A

In 1897
Courts found national income tax to be unconstitutional reversed by ratification of 13th amendment in 1913
Subsequently, there’s been attempts in congresses to pass amendment banning flag burning and prayer in state schools (unsuccessful)

23
Q

What are checks by the courts on congress?

A

-Courts can declare acts of congress to be unconstitutional therefore effects require them to be reappealed

24
Q

Examples of checks by the courts on congress?

A

-In 2013 defence of marriage act was ruled unconstitutional in the US vs Windsor marked a major advanced for the legislation of same sec marrige across the USA
-Rena vs Act

25
Q

Whats are checks by the courts on the president?

A

The courts can rule presidential action unconstitutional therefore illegal

26
Q

Examples of checks by the courts on the president?

A

-In Hamdan v Rumbek 2006 court ruled against special military commissions by George W Bush, to terrotidy in Al Qaeda
-In 2020, tax financial records of president trump vs vance court ruled that presidents do not enjoy absolute immunity from state criminal subpoenas
(President is not above the law when in office)

27
Q

Checks by the president on congress?

A

-President can recommend legislations to congress
-Presidential vote

28
Q

Examples by checks of the president on congress?- recommendation of legislation?

A

In the state of union the president can effectively decide what congress will be debating and voting on obama and health care reform

29
Q

Examples by checks of the president on congress?- presidential vote?

A

Obama did this 12 times

30
Q

What is federalism?

A

A theory of government where powers are divided between national and state government.
Theirs judisication for all

31
Q

Why is the federal convention so striking?

A

-Striking of middle ground between strong central govt and the rights for state
-Central govt was needed to give the nation unity and protects itself from outside intervention (the return to the british)
-State govt was needed to allow state to pass laws that more accurately represented its people

32
Q

Federalism- Limited govt?

A

Central plank of federalism, principle that the scope of federal govt should be limited to that what’s necessary for the common good of the people
So the govt would should only do what was essentials
Citizens rights and freedoms should be as untouched as possible
Republican- limited govt
Democrats- Big govt

33
Q

Is federalism a fixed concept?

A

No, its ever changing
As america has changed so has the concept of federalism
A number of things have lead to an increased role of the federal govt

34
Q

What are the powers of federal government (delegate powers)

A

-Washington D.C.
-Maintain the armed forces
-Establish postal and monument system
-Regulate interstate and foreign commons (FBI)
-Establish laws of citizenship and immigration
-Declare war

35
Q

What powers are shared by federal and state government (concurrent powers)?

A

-Provide for general welfare
-Establish criminal justice system FBI
-Levy taxes
-Charter banks
-Borrow money tissue bends

36
Q

What are the powers of state government (Reserved powers)?

A

-Establish schools and local govt
-Determine structure of state govt
-Determine regulations for marriage and divorce

37
Q

Federalism in 1860’s?

A

South lost the civil war so expression of state power was supressed

38
Q

Federalism in the post civil war period?

A

Jim Crow racist segregation laws was allowd in the south
‘Separate but equal’ But outlaws in 1950-1960s

39
Q

Federalism in 1913-16th?

A

Amendment allowed national income tax- Extended the power of federal govt

40
Q

Federalism in 1930s and 1940s?

A

New deal and war led to increase in federal power, Social security established

41
Q

Federalism in 1950s and 1960s?

A

National govt tackling issues such as racial inequality and poverty

42
Q

Federalism in 1970-1980s?

A

Backlash against ‘big govt’
Block grants introduces
Unfunded mandate as cuts form federal govt but states still expected to undertake certain roles

43
Q

Federalism in Bush’s presidency?

A

Education- No child left behind act
Expansion of medicare
New department in homeland security

44
Q

Federalism in Obama’s presidency?

A

Obamacare
Bank bailouts on infrastructure e.g. schools and roads

45
Q

Federalism in Trump’s presidency?

A

Major stimulus package, Tax cuts and Job Act
$2trillion coronavirus stimulus package
Forced GM to make ventilators

46
Q

In the 1800 what was the concept of federalism?

A

Dual federalism

47
Q

In 1800 what was dual federalism?

A

2 independent seperate levels of govt (state and federal govt)
Simplification the federal govt gave the state money/grants to spend
This worked well until the great depression as federal govt needed to support everyone instead of states looking after themselves
Stats are powerful and federal government only does money war and peace, state does rest

48
Q

In the 1930-60’s what was the concept of federalism?

A

Co-operative federalism

49
Q

In the 1970’s-2000’s what was the concept of federalism?

A

New federalism

50
Q

In 1930-60s what was cooperative federalism?

A

Mainly democratic president-FDR JFK and Lyndon Johnson
Federal govt gets bigger and more govt- more government departments
-Large increase in state grants for projects e.g. if the govt wants something specific to happen in a state they will grant them money

51
Q

In 1970’s-2000’s what was new federalism?

A

Began with Richard Nixon
States become more powerful (certain powers responsible from federal govt
Shift back to state powers, the federal govts did not create states, states creates federal govt
Large increase in block grants- grants allocate to states by federal govt for non specific purpose or general ares

Politics paper 2- America msaunders (18 decks)

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